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Full text of "Shipping Practice"

62                                 SHIPPING PRACTICE

transferred or extended to other goods belonging to the
same receiver {or shipper, whoever is due to pay such
charges). This extension or generalization of lien must
be according to the terms of the contract, and if such a
condition is not mentioned therein the lien may not be
transferred.

A lien cannot be exercised on advance freight because this
of course is paid in advance, and there is no necessity for
such a lien to be required.

In the same way, dead freight is usually excepted from
liens. As already mentioned, dead freight is freight payable
on space booked but not used, and the carrier has no object
upon which he may exercise his Hen.

Where payments for advance freight or deadfreight
have not been secured these charges may be applied by the
terms of a general lien to other cargo belonging to the
defaulting shipper.

When the terms of delivery are "freight payable after
delivery/' then delivery must be made before freight is due,
and in order to obtain the right to claim freight the carrier
must lose the goods and also lose the Hen.

Reference has been made to demise charter-parties, and
it may be observed that by this type of charter-party the
owner of a steamer has no representative on board the ship
who is in a position of exercising a Hen on cargo or ship for
the payment of hire money due.

For general goods and perishable goods there is a sHght
variation in the application of a Hen.

General goods must be retained for 90 days before they
may be sold to satisfy the Hen, during which time any offer
of settlement must be accepted.

In the case of perishable goods, these may be sold im-
mediately in order that the carrier has an object upon which
he may exercise a Hen. If the receiver of perishable caigo
is not forthcoming, or his charges are not paid immediately
the goods are ready to be landed, then, if the carrier wishes,
such goods may be sold whilst they are in a saleable con-
dition. The retention of fruit, for example, for the period